On January 16, 2016, the United States and the European Union (“EU”) significantly eased their sanctions against Iran, following verification by the International Atomic Energy Agency (“IAEA”) that Iran had carried out its commitments under the Joint Comprehensive Plan of Action (“JCPOA”), the multilateral agreement signed in mid-July 2015 in which Iran agreed to accept certain limitations on its nuclear program.

Specifically, the United States dramatically reduced—but did not altogether eliminate—its “secondary” sanctions, which target non-U.S. companies not owned or controlled by U.S. persons that engage in certain activities in or involving Iran.  In contrast, and as expected, the “primary” U.S. sanctions that prohibit U.S. persons and their owned or controlled non-U.S. affiliates from engaging in virtually any dealings with Iran (absent U.S. government licensing) will remain in place.  Significantly, however, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued general licenses and a statement of licensing policy that ease certain aspects of these “primary” U.S. sanctions.

Most notably, OFAC issued a general license that broadly authorizes non-U.S. companies owned or controlled by U.S. persons to trade and otherwise deal with Iran, subject to certain continuing restrictions on the involvement of U.S. persons and the provision of U.S.-regulated goods and technologies.  The OFAC general license also authorizes U.S. persons to engage in activities related to the establishment or alteration of policies and procedures of a U.S. company or its owned or controlled non-U.S. subsidiaries to the extent necessary to allow the non-U.S. subsidiaries to engage in otherwise newly permissible dealings with Iran.  The general license also permits U.S. parent companies to make available to their non-U.S. subsidiaries certain automated and globally integrated information technology systems necessary to process documents or information related to the non-U.S. subsidiaries’ permissible Iran-related dealings.

Additionally, consistent with the JCPOA, the United States removed more than 400 Iranian individuals and entities from its various sanctions lists, including the List of Specially Designated Nationals and Blocked Persons (“SDN List”).  As a general matter, U.S. persons and their owned or controlled non-U.S. subsidiaries still cannot deal with parties that remain on the SDN List (or entities owned 50% or more, individually or in the aggregate, by one or more SDNs) absent U.S. government licensing, and dealings with SDNs also may give rise to the imposition of various secondary sanctions that remain in place.

Further, on January 17, in a move underscoring that the sanctions relief implemented pursuant to the JCPOA was related only to Iran’s decision to curtail key aspects of its nuclear program, OFAC designated 11 individuals and entities involved in procurement on behalf of Iran’s ballistic missile programs.  These new designations come in the wake of ballistic missile tests conducted by Iran in October and November 2015.

Finally, as expected, the EU has eased its Iran sanctions program to a much more substantial extent than the United States.  Although a number of key EU restrictions remain in place, the EU has now removed most of its Iran sanctions program, including asset freezing measures against a number of major Iranian financial institutions and oil/gas companies, energy sector investment and related trade controls restrictions, notification / authorization requirements for certain transfers of funds to or from Iranian parties, and prohibitions against the provision of insurance and other financial services to Iranian parties.

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Photo of Kimberly Strosnider Kimberly Strosnider

Co-chair of the firm’s International Trade Controls Practice Group, Kim Strosnider has more than 20 years’ experience advising companies on the application of international trade controls, including export controls, economic sanctions, and antiboycott laws and regulations.

Kim counsels clients across a range of…

Co-chair of the firm’s International Trade Controls Practice Group, Kim Strosnider has more than 20 years’ experience advising companies on the application of international trade controls, including export controls, economic sanctions, and antiboycott laws and regulations.

Kim counsels clients across a range of industries on trade controls matters, including resolving complex compliance, enforcement, licensing, and jurisdiction/classification issues. She regularly advocates for clients before the key trade controls agencies, including the U.S. Departments of State, Commerce, and Treasury.

Kim has led numerous internal investigations for clients on trade controls matters and has helped companies design and implement compliance programs. She also frequently advises on trade control issues in mergers, acquisitions, and divestitures.

Among the areas in which Kim counsels clients are compliance with the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), economic sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (OFAC), and antiboycott programs administered by the Commerce and Treasury Departments. She has particular experience in advising on the complex and changing U.S. trade controls applicable to China and Russia.

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Photo of David Lorello David Lorello

David Lorello is a partner in the firm’s London office and serves as a vice chair of the firm’s International Trade Controls Practice Group. David advises clients concerning a range of international regulatory, white collar, and commercial matters under both European and U.S. laws. …

David Lorello is a partner in the firm’s London office and serves as a vice chair of the firm’s International Trade Controls Practice Group. David advises clients concerning a range of international regulatory, white collar, and commercial matters under both European and U.S. laws. 

David is recognized in the leading peer review publications for his work on trade controls and anti-corruption compliance and investigations matters, with Chambers Global describing David as a “compliance authority” in those areas. He appeared as an expert commentator at the UK Parliament’s Select Committee’s inquiry into UK Arms Exports. David, alongside other experts, spoke about the potential impact of the UK’s withdrawal from the EU on strategic export controls and sanctions policies.

Anti-Corruption Compliance and Investigations

David regularly assists clients in investigating anti-corruption compliance issues arising under the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act and other related U.S., UK, and European anti-bribery and anti-money laundering laws. David has particular experience in managing corporate investigations and developing anti-corruption compliance programs for companies operating in Europe, including coordinating advice concerning parallel risks under U.S. and European anti-corruption laws, advising clients concerning European criminal enforcement and debarment risks, and ensuring compliance with European data protection and workplace laws in the course of investigations and compliance matters.

David also regularly represents clients before the World Bank, and other international financial institutions, in debarment proceedings concerning allegations of corrupt practices in connection with contracts financed by those institutions. In addition, David advises clients concerning the commercial liability risks arising from corrupt practices, including private rights of action that may arise for parties that suffer losses as a result of corrupt practices.

Export Controls and Economic Sanctions

David regularly represents clients before the major agencies responsible for export controls and economic sanctions laws and regulations, both in the United States and European Union. He has assisted clients in export and sanctions licensing and compliance issues with regard to a variety of industries and products, including encryption and other computer technologies, satellites, oil and gas products, military items, and other goods and technology controlled for export due to national security reasons. David has extensive experience assisting clients in developing effective export compliance strategies, including preparing export license requests, voluntary self-disclosures and intra-company agreements as well as policies necessary to ensure export controls and economic sanctions compliance.

David has particular experience in assisting clients in economic sanctions matters relating to the financial services industry. He has represented financial services clients in various matters before U.S. and EU Member State regulators, and he has worked with financial services clients in developing tailored internal controls focused on economic sanctions compliance.

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Photo of Joshua Williams Joshua Williams

Josh Williams helps clients assess and manage the impact of U.S. economic sanctions and export controls on their global operations. He has deep expertise in the economic sanctions laws and regulations administered and enforced by the U.S. Treasury Department and State Department, and…

Josh Williams helps clients assess and manage the impact of U.S. economic sanctions and export controls on their global operations. He has deep expertise in the economic sanctions laws and regulations administered and enforced by the U.S. Treasury Department and State Department, and in the export control laws and regulations administered and enforced by the U.S. Commerce Department, State Department, and Census Bureau.

Josh advises leading U.S. and non-U.S. companies across a range of industries, including companies operating in the energy, financial services, pharmaceutical, technology, aerospace and defense, telecommunications, consulting, and consumer products sectors.

Josh regularly assists clients with complex trade controls compliance, enforcement, licensing, and transactional matters. He also has significant experience leading trade controls risk assessments and counseling companies seeking to develop or strengthen their compliance programs.

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Photo of Corinne Goldstein Corinne Goldstein

Corinne Goldstein has decades of experience advising clients on the application to their worldwide operations of U.S. economic sanctions, export controls, and antiboycott programs.

She has particular expertise advising on the primary and secondary sanctions programs administered by the U.S. Treasury Department’s Office…

Corinne Goldstein has decades of experience advising clients on the application to their worldwide operations of U.S. economic sanctions, export controls, and antiboycott programs.

She has particular expertise advising on the primary and secondary sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC). Her clients include leading U.S. and non-U.S. companies in the oil and gas, financial services, pharmaceutical, general manufacturing, and other sectors that must navigate these sanctions regimes in their day-to-day businesses. Because of her deep expertise, Corinne is able to provide thoughtful and practical advice to difficult questions these industries face.

In her work with multinational companies, Corinne regularly:

  • Advises clients on novel and complex interpretive issues relating to the application of new and existing U.S. sanctions regimes,
  • Prepares corporate trade controls policies and procedures,
  • Develops trade controls compliance and training programs,
  • Secures U.S. government licenses,
  • Conducts internal investigations of potential violations of applicable regulations, and
  • Represents clients in enforcement proceedings.

Corinne has been consistently ranked by Chambers Global and Chambers USA, as well as Legal 500, as a knowledgeable leader in the fields of economic sanctions and export controls who is “responsive,” “has her fingers on the pulse of the government,” and provides extremely practical advice in these areas. The BTI Consulting Group also named Corinne to its 2020 “Client Service All-Stars” list, which recognizes “attorneys who stand above all the others in delivering the absolute best in client service.”

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